Protesto
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 232-233 |
Page 232
s.m. (lat. protestari).
s.c.: afirmação solene; resolução inabalável; promessa.
Se, na execução, antes de efectuada a venda, algum terceiro tiver protestado pela reivindicação da coisa, invocando direito próprio incompatível com a transmissão, lavrar-se-á termo de protesto; nesse caso, os bens móveis não serão entregues ao comprador senão mediante certas cautelas e o produto da venda não será levantado sem se prestar caução.
Se, porém, o autor do protesto não propuser a acção dentro de 30 dias ou a acção estiver parada, por negligência sua, durante três meses, pode requerer-se a extinção das garantias destinadas a assegurar a restituição dos bens e o embolso do preço; em qualquer desses casos o comprador, se a acção for julgada procedente, fica com o direito de retenção da coisa comprada, enquanto lhe não for restituído o preço, podendo o proprietário reavê-lo dos responsáveis, se houver de o satisfazer para obter a entrega da coisa reivindicada.
Isso mesmo é aplicável, com as necessárias adaptações, ao caso de a acção ser proposta, sem protesto prévio, antes da entrega dos bens móveis ou do levantamento do produto da venda.
Remissões:
arts. 910.º e 911.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 5/3/81, in B.M.J., 305.º-219.
Ac. Rel. Porto, de 17/7/80, in Col...
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